EXPORT CREDIT GUARANTEE CORPORATION OF ZIMBABWE versus MANSON HLERE and GERMAN CONSTRUCTION (PVT) LTD

HH 52/25

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Case Details

Court

Harare High Court

Date

31 January 2025

Citation

HH 52/25

Neutral Citation

[2025] ZWHH 52

Outcome

unknown

Case Type

Application

Bench

Presiding

MANZUNZU J

Full Bench

MANZUNZU J

Areas of Law

Company LawCommercial Law

legislation

Statutes Cited

Companies and Other Business Entities Act
High Court Act

ai analysis

Case Summary

Key Issues

{"issue_text":"Was the business of the 2nd respondent carried out in a reckless or negligent or fraudulent manner?","issue_type":"mixed","dispositive":"yes","related_facts":"Company failed to deliver project despite receiving payment, company ceased operating, global supply chain disruptions cited"}
{"issue_text":"Did 1st respondent know or participate in the running of the business in such manner?","issue_type":"fact","dispositive":"yes","related_facts":"1st respondent was managing director, authored payment proposal letter, admitted knowledge and participation"}
{"issue_text":"Should stand number 1369 Mateta, Gokwe South be declared specially executable?","issue_type":"law","dispositive":"no","related_facts":"Property identified in tracing report as belonging to 1st respondent"}

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background

Facts of the Case

Background

Applicant seeks declaration that 1st respondent (director of 2nd respondent company) is personally liable for judgment debt of US$106,207.51 owed by 2nd respondent company. Judgment was granted against 2nd respondent in HCHC 500/23 for failure to deliver construction project despite receiving advance payment.

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